This article applies to organisations that are self-insurers under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)
Workplace Safety Legislation and Other Matters Amendment Act 2022 (Vic)
On 1 July 2022 relevant parts of the Workplace Safety Legislation and Other Matters Amendment Act 2022 (Vic) (the Amending Act) commenced, amending the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (the Act) to regulate how self-insurers assess claims for eligible progressive diseases, a serious lung injury or an injury that has been treated with lung transplant surgery.
New claims for compensation
The Amending Act has inserted four new claims for compensation, under new sections 68B-68F of the Act. They allow claims to be made for eligible progressive disease, further impairment, serious lung injury and injury treated with lung transplant surgery.
To receive a claim of compensation under sections 210 to 221 of the Act, organisations should have regard to the relevant medical evidence and be satisfied:
- for eligible progressive diseases (EPD): the impairment from an eligible progressive disease is unlikely to stabilise; or
- for further impairment after a prior EPD: that the worker has suffered further impairment since the date of the claim for the most recent claim for a EPD and the impairment is caused by the prior EPD or is related to the prior EPD; or
- for a serious lung injury: that the degree of the impairment is unlikely to stabilise and a lung transplant surgery is required; or
- for an injury treated with a lung transplant: that a lung transplant was required.
Importantly, an eligible progressive disease means a disease that is declared to be an eligible progressive disease by Order made under section 51A of the Act.
Payments to trustees
New section 243A of the Act requires provisional payments made to minors or a person under a disability to be paid to a trustee for the minor or person under a disability, as appointed by the court or VCAT.
Conclusion
Organisations who are self-insurers under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) should be aware of the matters they must be satisfied with when receiving claims of compensation under the new sections discussed above.
